[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.237]

[Page 194]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
              Subpart C--Alcohol Misuse Prevention Program
 
Sec. 199.237  Other alcohol-related conduct.

    (a) No operator shall permit a covered employee tested under the 
provisions of Sec. 199.225, who is found to have an alcohol 
concentration of 0.02 or greater but less than 0.04, to perform or 
continue to perform covered functions, until:
    (1) The employee's alcohol concentration measures less than 0.02 in 
accordance with a test administered under Sec. 199.225(e); or
    (2) The start of the employee's next regularly scheduled duty 
period, but not less than eight hours following administration of the 
test.
    (b) Except as provided in paragraph (a) of this section, no operator 
shall take any action under this subpart against an employee based 
solely on test results showing an alcohol concentration less than 0.04. 
This does not prohibit an operator with authority independent of this 
subpart from taking any action otherwise consistent with law.